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EPA announced in the June 4 Federal Register proposed rulemaking on the identification of non-hazardous secondary materials that are solid waste (40 CFR Part 241) and it will hold a public hearing June 21 in Washington, DC on a series of proposals regulating toxic air emissions from several classes of boilers, process heaters, and incinerators to establish national emissions standards for hazardous air pollutants (NESHAPs) for industrial, commercial, and institutional boilers as well as a related proposal establishing performance standards for emissions from commercial and industrial solid waste incineration units. At the public hearing, EPA also will take testimony on a proposal that would clarify what materials are considered fuel, as opposed to solid waste, which in turn would determine how strictly those incinerators are regulated.

 

When EPA released the air toxics rules on April 30, the agency also released a proposal that would require incinerators to control nine pollutants, including hazardous air pollutants. With the incinerator emissions standards, EPA also proposed a rule to clarify what materials are considered fuel and regulated under boiler standards and what materials are considered solid waste, which would be regulated under the standards for incinerators. EPA's boiler proposal would establish maximum achievable control technology (MACT) standards for 11 types of the largest industrial, commercial, and institutional boilers and process heaters, requiring them to reduce emissions of mercury by 50 percent as well as control emissions of dioxins and hydrogen chloride. Section 112(d) of the Clean Air Act requires EPA to establish MACT standards for large emitters of 187 air toxics. The technology-based standards are calculated as the emissions average of the best-performing 12 percent of sources in a given category. Major sources are those that emit 10 tons or more per year of a single hazardous pollutant or emit 25 tons or more per year of any combination of hazardous pollutants. Smaller emissions sources are subject to the less-stringent generally available control technology (GACT) standard. EPA's proposed GACT standards would regulate emissions based on fuel type and boiler size.

 

Based on EPA’s determination, sewage sludge incinerators (SSIs) were identified as sources falling under the definition of solids waste and is proposing to subject these units for regulation under the more stringent section 129 requirements of the CAA.  See Materials Characterization Paper In Support of the Proposed Rulemaking: Identification of Nonhazardous Secondary Materials That Are Solid Waste Wastewater Treatment Sludge. Comments must be received on or before July 19, 2010. WEF plans on submitting comments on this rulemaking. More information

 

January 18, 2013

House Passes Sandy Aid Bill and Senate Likely to Approve Next Week  [-]

On Jan. 15, the House passes an Emergency Supplemental Aid Bill to help states affected by Superstorm Sandy.  The $50.5 billion package for disaster relief will provide new aid heading to communities hit by the storm.  In late 2012, the Senate passed a similar package for $60.4 billion, which later expired at the end of the 112th Congress. That bill is largely reflected in both the package passed in House on Jan.15 and in the $9.7 billion measure expanding borrowing authority for the National Flood Insurance Program (HR 41) that was cleared on Jan. 4 by the House and has been signed into law by the President. The two House-passed bills combined are equal to the $60.4 billion requested by the President.

Due to resistance from fiscally conservative Republican members of the House, the initial aid package offered in the House was for $17 billion, and the chairman of the House Appropriations Committee, Rep. Hal Rogers (R-KY) pledged to provide additional funding through the regular annual appropriations bills.  However, Speaker John Boehner (R-OH) also took steps to allow the House to vote Jan. 15 on a $33.67 billion amendment by House Appropriations Energy and Water Subcommittee Chairman Rodney Frelinghuysen (R-NJ) that provided many of the other funds requested by Obama and backed by the Senate. Ultimately, the amendment offered passed and was incorporated into Rogers's bill.  But the amendment and the overall bill only managed to clear the House with heavy Democratic support.  Minus that, there was not enough Republican support to pass either one. On final passage, the tally was 241-180, with 192 Democrats and only 49 Republicans voting in favor. Voting against the measure were 179 Republicans and 1 Democrat.

The Frelinghuysen amendment contains line-item funding to aid water and wastewater facilities recover and design for possible future natural disasters.  In areas impacted by the storm in EPA Region 2 there is $500 million in capitalization grants through the Clean Water State Revolving Funds for wastewater  facilities and $100 million for capitalization grants through the Safe Drinking Water Act.  The aid package will require states that use the funding to use not less than 20 percent but not more than 30 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these.  Rep. Bill Pascrell (D-NJ) attempted to offer an amendment to lift the 30 percent cap, but the House Rules Committee restricted the total number of amendments offered to the bill to three.  The aid package requires that funding be used for “projects whose purpose is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster at treatment works” in EPA Region 2.

The Senate is expected to consider the House aid package next week and comments out of Senate Democratic leaders suggest that the package will be cleared fairly quickly because the bill is relatively similar to the package previously passed by the Senate.  “It's great news for families, communities, and small businesses in our region that the House—after weeks of delay—finally passed an emergency relief bill for Superstorm Sandy,” said Sens. Frank Lautenberg (D-NJ), Charles Schumer (D-NY), Bob Menendez (D-NJ), and Kirsten Gillibrand (D-NY). “Our region extends a helping hand any time another community suffers from a major disaster, and we're pleased that the House voted to provide this emergency relief for New Jersey and New York.”

In a separate statement, Schumer, the No. 3 Democrat in the Senate, said the House bill is “close enough” to what officials from the region need. He said he will urge his colleagues to pass it quickly.

 

EPA Releases Financial Capability Framework for Municipal Clean Water Act Requirements  [+]
ASCE Releases Final Report in Failure to Act Series, Detailing Comprehensive Impacts of Failing to Invest in America’s Infrastructure  [+]
Integrated Planning Workshops Scheduled  [+]
Secretary Salazar, USGS Director McNutt Both Leaving Interior  [+]
Agriculture Secretary Vilsack to Continue Service in Obama Administration  [+]
EPA’s 2011 Toxics Release Inventory Shows Air Pollutants Continue to Decline  [+]
EPA January 30 Webinar on New Recreational Criteria  [+]
Register for WEF-AWWA Fly-In, April 17-18  [+]